Amd §§500.10, 510.10, 510.20, 510.30, 510.45, 530.20 & 530.40, rpld §510.45 sub 3 ¶(b), §530.20 sub 1 ¶(b),
CP L
Restores judicial discretion relating to bail reform; provides that when the defendant is charged with a felony, the court shall request of the applicable county pre-trial services agency a risk and needs assessment be conducted on the eligible defendant for the purpose of determining whether such defendant should be released on the defendant's own recognizance, released under non-monetary conditions or, where authorized, bail or commit the defendant to the custody of the sheriff; defines risks and needs assessment; makes related provisions.
STATE OF NEW YORK
________________________________________________________________________
6933
2021-2022 Regular Sessions
IN ASSEMBLY
April 13, 2021
___________
Introduced by M. of A. TANNOUSIS -- read once and referred to the
Committee on Codes
AN ACT to amend the criminal procedure law, in relation to bail reform;
and to repeal certain provisions of such law relating thereto
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 500.10 of the criminal procedure law is amended by
2 adding a new subdivision 23 to read as follows:
3 23. "Risk and needs assessment" means a risk and needs assessment
4 instrument, approved by the chief administrative judge of the unified
5 court system. Such approved assessment instrument shall be objective,
6 standardized and developed based on analysis of empirical data and risk
7 factors relevant to the principal's danger to the community and risk of
8 failure of a principal to appear. Such approved assessment instrument
9 shall not be discriminatory based on race, national origin, sex, any
10 other protected class or socioeconomic status.
11 § 2. Section 510.10 of the criminal procedure law, as amended by
12 section 2 of part JJJ of chapter 59 of the laws of 2019, subdivision 4
13 as amended by section 2 of part UU of chapter 56 of the laws of 2020, is
14 amended to read as follows:
15 § 510.10 Securing order; when required; alternatives available; standard
16 to be applied.
17 1. When a principal, whose future court attendance at a criminal
18 action or proceeding is or may be required, comes under the control of a
19 court, such court shall, in accordance with this title, by a securing
20 order [release the principal] request of the applicable county pre-trial
21 services agency that a risk and needs assessment be conducted on the
22 eligible principal and such court shall take into account the risk and
23 needs assessment, but such assessment shall not be the sole determina-
24 tive factor, for the purpose of determining whether such principal
25 should be released on the principal's own recognizance, [release the
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD07327-01-1
A. 6933 2
1 principal] released under non-monetary conditions, or, where authorized,
2 fix bail or commit the principal to the custody of the sheriff. In all
3 such cases, except where another type of securing order is shown to be
4 required by law, the court shall release the principal pending trial on
5 the principal's own recognizance, unless [it is] the risk and needs
6 assessment has demonstrated and the court [makes an individualized
7 determination] determines that the principal is a danger to the communi-
8 ty or poses a risk of flight to avoid prosecution. If such a finding
9 specific to risk of flight to avoid prosecution is made, the court must
10 select the least restrictive alternative and condition or conditions
11 that will reasonably assure the principal's return to court. The court
12 shall explain its choice of release, release with conditions, bail or
13 remand on the record or in writing.
14 2. A principal is entitled to representation by counsel under this
15 chapter in preparing an application for release, when a securing order
16 is being considered and when a securing order is being reviewed for
17 modification, revocation or termination. If the principal is financially
18 unable to obtain counsel, counsel shall be assigned to the principal.
19 [3. In cases other than as described in subdivision four of this
20 section the court shall release the principal pending trial on the prin-
21 cipal's own recognizance, unless the court finds on the record or in
22 writing that release on the principal's own recognizance will not
23 reasonably assure the principal's return to court. In such instances,
24 the court shall release the principal under non-monetary conditions,
25 selecting the least restrictive alternative and conditions that will
26 reasonably assure the principal's return to court. The court shall
27 explain its choice of alternative and conditions on the record or in
28 writing.
29 4. Where the principal stands charged with a qualifying offense, the
30 court, unless otherwise prohibited by law, may in its discretion release
31 the principal pending trial on the principal's own recognizance or under
32 non-monetary conditions, fix bail, or, where the defendant is charged
33 with a qualifying offense which is a felony, the court may commit the
34 principal to the custody of the sheriff. A principal stands charged with
35 a qualifying offense for the purposes of this subdivision when he or she
36 stands charged with:
37 (a) a felony enumerated in section 70.02 of the penal law, other than
38 robbery in the second degree as defined in subdivision one of section
39 160.10 of the penal law, provided, however, that burglary in the second
40 degree as defined in subdivision two of section 140.25 of the penal law
41 shall be a qualifying offense only where the defendant is charged with
42 entering the living area of the dwelling;
43 (b) a crime involving witness intimidation under section 215.15 of the
44 penal law;
45 (c) a crime involving witness tampering under section 215.11, 215.12
46 or 215.13 of the penal law;
47 (d) a class A felony defined in the penal law, provided that for class
48 A felonies under article two hundred twenty of the penal law, only class
49 A-I felonies shall be a qualifying offense;
50 (e) a sex trafficking offense defined in section 230.34 or 230.34-a of
51 the penal law, or a felony sex offense defined in section 70.80 of the
52 penal law;, or a crime involving incest as defined in section 255.25,
53 255.26 or 255.27 of such law, or a misdemeanor defined in article one
54 hundred thirty of such law;
55 (f) conspiracy in the second degree as defined in section 105.15 of
56 the penal law, where the underlying allegation of such charge is that
A. 6933 3
1 the defendant conspired to commit a class A felony defined in article
2 one hundred twenty-five of the penal law;
3 (g) money laundering in support of terrorism in the first degree as
4 defined in section 470.24 of the penal law; money laundering in support
5 of terrorism in the second degree as defined in section 470.23 of the
6 penal law; money laundering in support of terrorism in the third degree
7 as defined in section 470.22 of the penal law; money laundering in
8 support of terrorism in the fourth degree as defined in section 470.21
9 of the penal law; or a felony crime of terrorism as defined in article
10 four hundred ninety of the penal law, other than the crime defined in
11 section 490.20 of such law;
12 (h) criminal contempt in the second degree as defined in subdivision
13 three of section 215.50 of the penal law, criminal contempt in the first
14 degree as defined in subdivision (b), (c) or (d) of section 215.51 of
15 the penal law or aggravated criminal contempt as defined in section
16 215.52 of the penal law, and the underlying allegation of such charge of
17 criminal contempt in the second degree, criminal contempt in the first
18 degree or aggravated criminal contempt is that the defendant violated a
19 duly served order of protection where the protected party is a member of
20 the defendant's same family or household as defined in subdivision one
21 of section 530.11 of this title;
22 (i) facilitating a sexual performance by a child with a controlled
23 substance or alcohol as defined in section 263.30 of the penal law, use
24 of a child in a sexual performance as defined in section 263.05 of the
25 penal law or luring a child as defined in subdivision one of section
26 120.70 of the penal law, promoting an obscene sexual performance by a
27 child as defined in section 263.10 of the penal law or promoting a sexu-
28 al performance by a child as defined in section 263.15 of the penal law;
29 (j) any crime that is alleged to have caused the death of another
30 person;
31 (k) criminal obstruction of breathing or blood circulation as defined
32 in section 121.11 of the penal law, strangulation in the second degree
33 as defined in section 121.12 of the penal law or unlawful imprisonment
34 in the first degree as defined in section 135.10 of the penal law, and
35 is alleged to have committed the offense against a member of the defend-
36 ant's same family or household as defined in subdivision one of section
37 530.11 of this title;
38 (l) aggravated vehicular assault as defined in section 120.04-a of the
39 penal law or vehicular assault in the first degree as defined in section
40 120.04 of the penal law;
41 (m) assault in the third degree as defined in section 120.00 of the
42 penal law or arson in the third degree as defined in section 150.10 of
43 the penal law, when such crime is charged as a hate crime as defined in
44 section 485.05 of the penal law;
45 (n) aggravated assault upon a person less than eleven years old as
46 defined in section 120.12 of the penal law or criminal possession of a
47 weapon on school grounds as defined in section 265.01-a of the penal
48 law;
49 (o) grand larceny in the first degree as defined in section 155.42 of
50 the penal law, enterprise corruption as defined in section 460.20 of the
51 penal law, or money laundering in the first degree as defined in section
52 470.20 of the penal law;
53 (p) failure to register as a sex offender pursuant to section one
54 hundred sixty-eight-t of the correction law or endangering the welfare
55 of a child as defined in subdivision one of section 260.10 of the penal
56 law, where the defendant is required to maintain registration under
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1 article six-C of the correction law and designated a level three offen-
2 der pursuant to subdivision six of section one hundred sixty-eight-l of
3 the correction law;
4 (q) a crime involving bail jumping under section 215.55, 215.56 or
5 215.57 of the penal law, or a crime involving escaping from custody
6 under section 205.05, 205.10 or 205.15 of the penal law;
7 (r) any felony offense committed by the principal while serving a
8 sentence of probation or while released to post release supervision;
9 (s) a felony, where the defendant qualifies for sentencing on such
10 charge as a persistent felony offender pursuant to section 70.10 of the
11 penal law; or
12 (t) any felony or class A misdemeanor involving harm to an identifi-
13 able person or property, where such charge arose from conduct occurring
14 while the defendant was released on his or her own recognizance or
15 released under conditions for a separate felony or class A misdemeanor
16 involving harm to an identifiable person or property, provided, however,
17 that the prosecutor must show reasonable cause to believe that the
18 defendant committed the instant crime and any underlying crime. For the
19 purposes of this subparagraph, any of the underlying crimes need not be
20 a qualifying offense as defined in this subdivision.
21 5. Notwithstanding the provisions of subdivisions three and four of
22 this section, with] 3. With respect to any charge for which bail or
23 remand is not ordered, and for which the court would not [or could not]
24 otherwise require bail or remand, a defendant may, at any time, request
25 that the court set bail in a nominal amount requested by the defendant
26 in the form specified in paragraph (a) of subdivision one of section
27 520.10 of this title; if the court is satisfied that the request is
28 voluntary, the court shall set such bail in such amount.
29 [6.] 4. When a securing order is revoked or otherwise terminated in
30 the course of an uncompleted action or proceeding but the principal's
31 future court attendance still is or may be required and the principal is
32 still under the control of a court, a new securing order must be issued.
33 When the court revokes or otherwise terminates a securing order which
34 committed the principal to the custody of the sheriff, the court shall
35 give written notification to the sheriff of such revocation or termi-
36 nation of the securing order.
37 § 3. Subdivision 1 of section 510.20 of the criminal procedure law, as
38 amended by section 3 of part JJJ of chapter 59 of the laws of 2019, is
39 amended to read as follows:
40 1. Upon any occasion when a court has issued a securing order with
41 respect to a principal and the principal is confined in the custody of
42 the sheriff as a result of the securing order or a previously issued
43 securing order, the principal may make an application for recognizance,
44 release under non-monetary conditions or bail. Any such decision by the
45 court for a change in a securing order with respect to a principal shall
46 take into account the risk and needs assessment conducted by the appli-
47 cable county pre-trial services agency, but such assessment shall not be
48 the sole determinative factor.
49 § 4. Subdivision 1 of section 510.30 of the criminal procedure law, as
50 amended by section 5 of part JJJ of chapter 59 of the laws of 2019, is
51 amended to read as follows:
52 1. With respect to any principal, the court in all cases, unless
53 otherwise provided by law, must impose the least restrictive kind and
54 degree of control or restriction that is necessary to secure the princi-
55 pal's return to court when required unless such principal poses a danger
56 to the community. In determining that matter, the court [must] in addi-
A. 6933 5
1 tion to taking into account the risk and needs assessment conducted by
2 the applicable county pre-trial services agency may, on the basis of
3 available information, consider and take into account information about
4 the principal that is relevant to the principal's return to court,
5 including:
6 (a) The principal's activities and history;
7 (b) If the principal is a defendant, the charges facing the principal;
8 (c) The principal's criminal conviction record if any;
9 (d) The principal's record of previous adjudication as a juvenile
10 delinquent, as retained pursuant to section 354.2 of the family court
11 act, or, of pending cases where fingerprints are retained pursuant to
12 section 306.1 of such act, or a youthful offender, if any;
13 (e) The principal's previous record with respect to flight to avoid
14 criminal prosecution;
15 (f) If monetary bail is authorized, according to the restrictions set
16 forth in this title, the principal's individual financial circumstances,
17 and, in cases where bail is authorized, the principal's ability to post
18 bail without posing undue hardship, as well as his or her ability to
19 obtain a secured, unsecured, or partially secured bond;
20 (g) Where the principal is charged with a crime or crimes against a
21 member or members of the same family or household as that term is
22 defined in subdivision one of section 530.11 of this title, the follow-
23 ing factors:
24 (i) any violation by the principal of an order of protection issued by
25 any court for the protection of a member or members of the same family
26 or household as that term is defined in subdivision one of section
27 530.11 of this title, whether or not such order of protection is
28 currently in effect; and
29 (ii) the principal's history of use or possession of a firearm; and
30 (h) If the principal is a defendant, in the case of an application for
31 a securing order pending appeal, the merit or lack of merit of the
32 appeal.
33 § 5. Paragraph (a) of subdivision 3 of section 510.45 of the criminal
34 procedure law, as added by section 8 of part JJJ of chapter 59 of the
35 laws of 2019, is amended to read as follows:
36 [(a) Any questionnaire, instrument or tool] The risk and needs assess-
37 ment instrument used with a principal in the process of considering or
38 determining the principal's possible release on recognizance, release
39 under non-monetary conditions or on bail, or used with a principal in
40 the process of considering or determining a condition or conditions of
41 release or monitoring by a pretrial services agency, shall be promptly
42 made available to the principal and the principal's counsel upon [writ-
43 ten] request. [Any such blank form questionnaire, instrument or tool]
44 Any such blank risk and needs assessment instrument regularly used in
45 the county for such purpose or a related purpose shall be made available
46 to any person promptly upon written request.
47 § 6. Paragraph (b) of subdivision 3 of section 510.45 of the criminal
48 procedure law is REPEALED.
49 § 7. Paragraph (a) of subdivision 1 of section 530.20 of the criminal
50 procedure law, as added by section 16 of part JJJ of chapter 59 of the
51 laws of 2019, is amended to read as follows:
52 (a) [In cases other than as described in paragraph (b) of this subdi-
53 vision the] When the principal is charged with an offense or offenses of
54 less than felony grade only, the court shall [release the] request of
55 the applicable county pre-trial services agency a risk and needs assess-
56 ment be conducted on the eligible principal and the court shall take
A. 6933 6
1 into account the risk and needs assessment, but such assessment shall
2 not be the sole determinative factor, for the purpose of determining
3 whether such principal should be released pending trial on the princi-
4 pal's own recognizance, [unless the court finds on the record or in
5 writing that release on the principal's own recognizance will not
6 reasonably assure the principal's return to court. In such instances,
7 the court shall release the principal under non-monetary conditions,
8 selecting the least restrictive alternative and conditions that will
9 reasonably assure the principal's return to court] released under non-
10 monetary conditions, or where authorized, fix bail or commit the princi-
11 pal to the custody of the sheriff. The court shall explain its choice of
12 [alternative and] release, release with conditions, bail or remand on
13 the record or in writing.
14 § 8. Paragraph (b) of subdivision 1 of section 530.20 of the criminal
15 procedure law is REPEALED.
16 § 9. Paragraph (d) of subdivision 1 of section 530.20 of the criminal
17 procedure law, as added by section 16 of part JJJ of chapter 59 of the
18 laws of 2019, is relettered paragraph (b) and amended to read as
19 follows:
20 (b) [Notwithstanding the provisions of paragraphs (a) and (b) of this
21 subdivision, with] With respect to any charge for which bail or remand
22 is not ordered, and for which the court would not [or could not] other-
23 wise require bail or remand, a defendant may, at any time, request that
24 the court set bail in a nominal amount requested by the defendant in the
25 form specified in paragraph (a) of subdivision one of section 520.10 of
26 this title; if the court is satisfied that the request is voluntary, the
27 court shall set such bail in such amount.
28 § 10. The opening paragraph of subdivision 2 of section 530.20 of the
29 criminal procedure law, as amended by section 16 of part JJJ of chapter
30 59 of the laws of 2019, is amended to read as follows:
31 When the defendant is charged, by felony complaint, with a felony, the
32 court [may, in its discretion, order] shall, request of the applicable
33 county pre-trial services agency a risk and needs assessment be
34 conducted on the eligible defendant and the court shall take into
35 account the risk and needs assessment, but such assessment shall not be
36 the sole determinative factor, for the purpose of determining whether
37 such defendant should be released on the defendant's own recognizance,
38 [release] released under non-monetary conditions, or, where authorized,
39 bail or commit the defendant to the custody of the sheriff except as
40 otherwise provided in [subdivision one of this section or] this subdivi-
41 sion:
42 § 11. Section 530.40 of the criminal procedure law, as amended by
43 section 18 of part JJJ of chapter 59 of the laws of 2019, and subdivi-
44 sion 4 as amended by section 4 of part UU of chapter 56 of the laws of
45 2020, is amended to read as follows:
46 § 530.40 Order of recognizance, release under non-monetary conditions or
47 bail; by superior court when action is pending therein.
48 When a criminal action is pending in a superior court, such court,
49 upon application of a defendant, must or may order recognizance or bail
50 as follows:
51 1. When the defendant is charged with an offense or offenses of less
52 than felony grade only, the court must, request of the applicable county
53 pre-trial services agency a risk and needs assessment be conducted on
54 the eligible defendant and the court shall take into account the risk
55 and needs assessment, but such assessment shall not be the sole determi-
56 native factor, for the purpose of determining whether such defendant,
A. 6933 7
1 unless otherwise provided by law, should be released on an order of
2 recognizance or bail or release under non-monetary conditions [in
3 accordance with this section] or commit the defendant to the custody of
4 the sheriff.
5 2. When the defendant is charged with a felony, the court [may, unless
6 otherwise provided by law in its discretion, order] shall request of
7 the applicable county pre-trial services agency a risk and needs assess-
8 ment be conducted on the eligible defendant and the court shall take
9 into account the risk and needs assessment, but such assessment shall
10 not be the sole determinative factor, for the purpose of determining
11 whether such defendant should be released on the defendant's own recog-
12 nizance, [release] released under non-monetary conditions or, where
13 authorized, bail or commit the defendant to the custody of the sheriff.
14 In any such case in which an indictment (a) has resulted from an order
15 of a local criminal court holding the defendant for the action of the
16 grand jury, or (b) was filed at a time when a felony complaint charging
17 the same conduct was pending in a local criminal court, and in which
18 such local criminal court or a superior court judge has issued an order
19 of recognizance, release under non-monetary conditions or, where author-
20 ized, bail which is still effective, the superior court's order may be
21 in the form of a direction continuing the effectiveness of the previous
22 order.
23 [3. In cases other than as described in subdivision four of this
24 section the court shall release the principal pending trial on the prin-
25 cipal's own recognizance, unless the court finds on the record or in
26 writing that release on the principal's own recognizance will not
27 reasonably assure the principal's return to court. In such instances,
28 the court shall release the principal under non-monetary conditions,
29 selecting the least restrictive alternative and conditions that will
30 reasonably assure the principal's return to court. The court shall
31 explain its choice of alternative and conditions on the record or in
32 writing.
33 4. Where the principal stands charged with a qualifying offense, the
34 court, unless otherwise prohibited by law, may in its discretion release
35 the principal pending trial on the principal's own recognizance or under
36 non-monetary conditions, fix bail, or, where the defendant is charged
37 with a qualifying offense which is a felony, the court may commit the
38 principal to the custody of the sheriff. The court shall explain its
39 choice of release, release with conditions, bail or remand on the record
40 or in writing. A principal stands charged with a qualifying offense for
41 the purposes of this subdivision when he or she stands charged with:
42 (a) a felony enumerated in section 70.02 of the penal law, other than
43 robbery in the second degree as defined in subdivision one of section
44 160.10 of the penal law, provided, however, that burglary in the second
45 degree as defined in subdivision two of section 140.25 of the penal law
46 shall be a qualifying offense only where the defendant is charged with
47 entering the living area of the dwelling;
48 (b) a crime involving witness intimidation under section 215.15 of the
49 penal law;
50 (c) a crime involving witness tampering under section 215.11, 215.12
51 or 215.13 of the penal law;
52 (d) a class A felony defined in the penal law, provided that for class
53 A felonies under article two hundred twenty of such law, only class A-I
54 felonies shall be a qualifying offense;
55 (e) a sex trafficking offense defined in section 230.34 or 230.34-a of
56 the penal law, or a felony sex offense defined in section 70.80 of the
A. 6933 8
1 penal law or a crime involving incest as defined in section 255.25,
2 255.26 or 255.27 of such law, or a misdemeanor defined in article one
3 hundred thirty of such law;
4 (f) conspiracy in the second degree as defined in section 105.15 of
5 the penal law, where the underlying allegation of such charge is that
6 the defendant conspired to commit a class A felony defined in article
7 one hundred twenty-five of the penal law;
8 (g) money laundering in support of terrorism in the first degree as
9 defined in section 470.24 of the penal law; money laundering in support
10 of terrorism in the second degree as defined in section 470.23 of the
11 penal law; money laundering in support of terrorism in the third degree
12 as defined in section 470.22 of the penal law; money laundering in
13 support of terrorism in the fourth degree as defined in section 470.21
14 of the penal law; or a felony crime of terrorism as defined in article
15 four hundred ninety of the penal law, other than the crime defined in
16 section 490.20 of such law;
17 (h) criminal contempt in the second degree as defined in subdivision
18 three of section 215.50 of the penal law, criminal contempt in the first
19 degree as defined in subdivision (b), (c) or (d) of section 215.51 of
20 the penal law or aggravated criminal contempt as defined in section
21 215.52 of the penal law, and the underlying allegation of such charge of
22 criminal contempt in the second degree, criminal contempt in the first
23 degree or aggravated criminal contempt is that the defendant violated a
24 duly served order of protection where the protected party is a member of
25 the defendant's same family or household as defined in subdivision one
26 of section 530.11 of this article;
27 (i) facilitating a sexual performance by a child with a controlled
28 substance or alcohol as defined in section 263.30 of the penal law, use
29 of a child in a sexual performance as defined in section 263.05 of the
30 penal law or luring a child as defined in subdivision one of section
31 120.70 of the penal law, promoting an obscene sexual performance by a
32 child as defined in section 263.10 of the penal law or promoting a sexu-
33 al performance by a child as defined in section 263.15 of the penal law;
34 (j) any crime that is alleged to have caused the death of another
35 person;
36 (k) criminal obstruction of breathing or blood circulation as defined
37 in section 121.11 of the penal law, strangulation in the second degree
38 as defined in section 121.12 of the penal law or unlawful imprisonment
39 in the first degree as defined in section 135.10 of the penal law, and
40 is alleged to have committed the offense against a member of the defend-
41 ant's same family or household as defined in subdivision one of section
42 530.11 of this article;
43 (l) aggravated vehicular assault as defined in section 120.04-a of the
44 penal law or vehicular assault in the first degree as defined in section
45 120.04 of the penal law;
46 (m) assault in the third degree as defined in section 120.00 of the
47 penal law or arson in the third degree as defined in section 150.10 of
48 the penal law, when such crime is charged as a hate crime as defined in
49 section 485.05 of the penal law;
50 (n) aggravated assault upon a person less than eleven years old as
51 defined in section 120.12 of the penal law or criminal possession of a
52 weapon on school grounds as defined in section 265.01-a of the penal
53 law;
54 (o) grand larceny in the first degree as defined in section 155.42 of
55 the penal law, enterprise corruption as defined in section 460.20 of the
A. 6933 9
1 penal law, or money laundering in the first degree as defined in section
2 470.20 of the penal law;
3 (p) failure to register as a sex offender pursuant to section one
4 hundred sixty-eight-t of the correction law or endangering the welfare
5 of a child as defined in subdivision one of section 260.10 of the penal
6 law, where the defendant is required to maintain registration under
7 article six-C of the correction law and designated a level three offen-
8 der pursuant to subdivision six of section one hundred sixty-eight-l of
9 the correction law;
10 (q) a crime involving bail jumping under section 215.55, 215.56 or
11 215.57 of the penal law, or a crime involving escaping from custody
12 under section 205.05, 205.10 or 205.15 of the penal law;
13 (r) any felony offense committed by the principal while serving a
14 sentence of probation or while released to post release supervision;
15 (s) a felony, where the defendant qualifies for sentencing on such
16 charge as a persistent felony offender pursuant to section 70.10 of the
17 penal law; or
18 (t) any felony or class A misdemeanor involving harm to an identifi-
19 able person or property, where such charge arose from conduct occurring
20 while the defendant was released on his or her own recognizance or
21 released under conditions for a separate felony or class A misdemeanor
22 involving harm to an identifiable person or property, provided, however,
23 that the prosecutor must show reasonable cause to believe that the
24 defendant committed the instant crime and any underlying crime. For the
25 purposes of this subparagraph, any of the underlying crimes need not be
26 a qualifying offense as defined in this subdivision.
27 5. Notwithstanding the provisions of subdivisions three and four of
28 this section, with] 3. With respect to any charge for which bail or
29 remand is not ordered, and for which the court would not [or could not]
30 otherwise require bail or remand, a defendant may, at any time, request
31 that the court set bail in a nominal amount requested by the defendant
32 in the form specified in paragraph (a) of subdivision one of section
33 520.10 of this title; if the court is satisfied that the request is
34 voluntary, the court shall set such bail in such amount.
35 [6.] 4. Notwithstanding the provisions of [subdivisions] subdivision
36 two[, three and four] of this section, a superior court may not order
37 recognizance, release under non-monetary conditions or, where author-
38 ized, bail, or permit a defendant to remain at liberty pursuant to an
39 existing order, after the defendant has been convicted of either: (a) a
40 class A felony or (b) any class B or class C felony as defined in arti-
41 cle one hundred thirty of the penal law committed or attempted to be
42 committed by a person eighteen years of age or older against a person
43 less than eighteen years of age. In either case the court must commit or
44 remand the defendant to the custody of the sheriff.
45 [7.] 5. Notwithstanding the provisions of [subdivisions] subdivision
46 two[, three and four] of this section, a superior court may not order
47 recognizance, release under non-monetary conditions or, where author-
48 ized, bail when the defendant is charged with a felony unless and until
49 the district attorney has had an opportunity to be heard in the matter
50 and such court and counsel for the defendant have been furnished with a
51 report as described in subparagraph (ii) of paragraph (b) of subdivision
52 two of section 530.20 of this article.
53 § 12. This act shall take effect immediately.
